This Notification has been Expired on 13/5/2004
Notification No. 94/99-Cus Dated 16-07-99
Anti-dumping duty on Acrylic fibre, including tow and tops ranging from 1.5 denier to 8.0 denier when originating in, or exported from, Mexico.-Whereas
in the matter of import of Acrylic fibre, including tow and tops, ranging from
1.5 denier to 8.0 denier and falling under Chapter 55 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from
Mexico, the Designated Authority, vide its preliminary findings, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th April,
1999, had come to the conclusion that -
(a) Acrylic fibre originating in or exported from Mexico, has been
exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) injury has been caused by imports from the subject country;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority,
the Central Government has imposed anti-dumping duty vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
64/99-Customs, dated the 14th May, 1999 [G.S.R. 351(E), dated the 14th May,
1999] published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 14th May, 1999 (hereinafter referred to as the
provisional duty);
AND WHEREAS the Designated Authority vide notification No. 21/1/98-DGAD,
published in Part I, Section 1 of the Gazette of India Extraordinary, dated the
25th June, 1999, has in its final findings concluded that -
(a) Acrylic fibre has been exported from Mexico to India below
normal value resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the causal link between dumping and injury is established,
Now, therefore, in exercise of the powers conferred by sub-section (1) of
section 9A of the said Customs Tariff Act read with rules 18 and 20 of the
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty
on Dumped Articles and for Determination of Injury) Rules, 1995, the Central
Government after considering the aforesaid final findings of the Designated
Authority, hereby imposes on acrylic fibre, including tow and tops, ranging from
1.5 denier to 8.0 denier and falling under Chapter 55 of the First Schedule to
the said Customs Tariff Act, when originating in or exported from Mexico, by any
exporter, and imported into India, an anti-dumping duty which shall be
equivalent to the difference between the amount of Rs. 83.70 (Rupees eighty
three and paise seventy) per kg., and the landed value of acrylic fibre per kg.
2. The anti-dumping duty imposed under this notification shall be levied with
effect from the date of imposition of the provisional duty, i.e., the 14th May,
1999.
Explanation. - For the purposes of this notification, "landed
value" means the assessable value as determined under the Customs Act, 1962
(52 of 1962) and includes all duties of customs except duties of customs levied
under sections 3, 3A, 8B, 9 or 9A, as the case may be, of the said Customs
Tariff Act.